2017 ORS 34.210¹
Recovery of damages
  • attorney fees, costs and disbursements

(1) If the court orders issuance of a peremptory writ of mandamus, the relator shall recover from the defendant damages which the relator has sustained from a false return, to be ascertained in the same manner as in an action.

(2) The court in its discretion may designate a prevailing party and award attorney fees, costs and disbursements to the prevailing party, but no attorney fees, costs and disbursements shall be awarded against a judge as a defendant in a mandamus action for any action taken in the judge’s official capacity. Attorney fees, costs and disbursements may only be awarded against adverse parties who have been served with the petition and writ. [Amended by 1989 c.702 §5]

Notes of Decisions

In ac­tion for writ of mandamus against a city which included request for damages, plaintiff was not entitled to damage award, even though writ was granted when it did not es­tab­lish necessary ele­ments of cause of ac­tion. State ex rel Kashmir Corp. v. Schmidt, 49 Or App 271, 619 P2d 918 (1980), aff’d 291 Or 603, 633 P2d 791 (1981)

Statute is exclusive basis for award of attorney fees in mandamus ac­tion. State ex rel Pend-Air Citizen’s Committee v. City of Pendleton, 145 Or App 236, 929 P2d 1044 (1996), Sup Ct review denied

Factors to be considered in determining whether award of attorney fees is proper include whether plaintiff’s success vindicates rights of others with regard to broad-based interest, complexity of legal issue involved and whether agency posi­tion was reasonable. State ex rel Pend-Air Citizen’s Committee v. City of Pendleton, 145 Or App 236, 929 P2d 1044 (1996), Sup Ct review denied

Limita­tion on joining damage claim with mandamus ac­tion supersedes general rule of ORCP 24A permitting joinder of claims. Holman v. City of Warrenton, 242 F. Supp. 2d 791 (D. Or. 2002)

1 Legislative Counsel Committee, CHAPTER 34—Writs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors034.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 34, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano034.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.